PERCEIVED SANCTION THREATS,GENDER, AND CRIME: A TEST AND ELABORATION OF POWER‐CONTROL THEORY*

This research addresses the need to incorporate the perceived threats of informal sanctions, specifically, shame and embarrassment, into the power‐control model. First, the possibility that gender differences exist in the perceived threats of shame and embarrassment, as well as legal sanctions, and that these differences vary between more patriarchal and less patriarachal households of origin is explored. Second, the relative impact of the informal sanction threat variables compared with the formal legal sanctions is ascertained. Results indicate that significant gender differences exist in the perceived threats of embarrassment and formal sanctions, and that these differences vary by household of origin type. In addition, among those individuals reared in more patriarachal households, the perceived threat of shame accounts for a significant proportion of the gender‐crime relationship.     

Neither Here nor There: Of the Female in American Legal Education

In this Critical Review Essay, Professor Obiora brings together work from many traditions to address the issue of how differences among students beyond gender–and, in particular, differences in terms of race–might affect legal education. After situating the question in terms of the literature on legal education generally (including standard critiques), she delves into work on gender–in law generally, in kgal education, in moral development and learning, in language use, and in education generally–to elucidate hypothesized differences between men and women that might affect differential experience in law school. She then moves on to make the picture more complex by drawing on work that indicates cross-cultural and class-based variation around conceptions of gender. Using research by sociolinguists on educational processes and work by historians and feminists of color on the intersection of gender, race, and class, Professor Obiora suggests specific ways in which women of color and working-class women might diverge from middle-class white women in their approach to kgal education. In particular, she notes: (1) different speech patterns and linguistic socialization lend different meaning to “voice,”“silence,” and “interruption” in classroom interactions; (2) the historical distinction between public and private spheres has been much more sharply drawn for upper-middle-class white women than it has been for black and working-class women; (3) the exclusion of black women from male “chivalry” and feminine idealization necessitated the development of agency; black women could not afford to be passive. Given these points of divergence, but also given convergences among the experiences of women, Obiora suggests a complex and contextually sensitive approach to the issue of gender in legal education, one that takes seriously the differences that exist among women. Because of the richness of the literature reviewed here, we include a Bibliography at the end of the article.     

Exploring a Research Agenda of the Feminization of the Legal Profession: Theories of Gender and Social Change

This essay suggests that recent work in feminist theory should reorient the questions that are asked about the role of gender in the legal profession. Some use gender as a category of analysis to explore differences that reinforce conventional gendered stereotypes, such as the conceptualization of work and family in lawyering as a "women's issue." Others use conventional sociology of the professions analysis, such as stratification, to measure women's "success" and "satisfaction" in the context of the traditional law firm. By focusing on some recent historical and sociological research on women in the legal and medical professions, the author illustrates how we might ask different questions, not to reify gender differences but to more fully examine the role that gender difference, as socially constructed, might play in the transformation of law practice.     

The ethical identity of law students

This paper uses measures of values, moral outlook and professional identity to explore the ethical and professional identity of law students. We do so in two jurisdictions, surveying 441 students studying in England and Wales and 569 students studying in the US. The survey covers the first and final years of an undergraduate law degree and the postgraduate vocational stage in England and Wales, as well as students in all years of the JD programme in the US. We explore whether law students towards the end of their legal education have ethical identities predictive of less ethical conduct than those at the beginning of their legal education; whether law students intending careers in business law have values and profiles consistent with less ethical conduct than those intending to work for government or individuals; and what factors might explain these differences in ethical outlook. Our findings suggest that ethical identity is strongly associated with gender and career intentions. They also suggest weaker moral identities for students intending to practise business law. Ultimately, our findings support a conclusion that is more nuanced than the predominant theses about the impact of legal education on student ethicality which tend to suggest legal education diminishes ethicality.     

Even Lawyers Get the Blues: Gender, Depression, and Job Satisfaction in Legal Practice

It is an intriguing puzzle that women lawyers, despite less desirable working conditions and blocked career advancement, report similar satisfaction as men lawyers with their legal careers. The paradoxical work satisfaction reported by women and men lawyers obscures a more notable difference in their depressed or despondent feelings. Using a panel study of women and men lawyers practicing in Toronto since the mid-1980s, we find at least three causal pathways through which gender indirectly is connected to job dissatisfaction and feelings of despondency. The first path is through gender differences in occupational power, which lead to differential despondency. The second path is through differences in perceived powerlessness, which directly influence job dissatisfaction. The third path is through feelings of despondency that result from concerns about the career consequences of having children. The combined picture that results illustrates the necessity to include measures of depressed affect in studies of dissatisfaction with legal practice. Explicit measurement and modeling of concerns about the consequences of having children and depressed feelings reveal a highly gendered response of women to legal practice that is otherwise much less apparent. Women are more likely to respond to their professional grievances with internalized feelings of despondency than with externalized expressions of job dissatisfaction. That is, they are more likely to privatize than publicize their professional troubles.     

THE POLITICS,AND PLACE,OF GENDER IN RESEARCH ON CRIME*

The study of gender and crime has grown exponentially over the past 40 years, but in some fundamental respects, it remains underdeveloped. Few scholars have considered both the similarities and the differences in the predictors of offending among males and females and the implication of this for middle‐range theories. Victimization has been put forth as a major explanatory factor for female offending; yet the study of female victimization has been ghettoized because it has failed to address the ways in which it is related to the larger literature of victimization. Female inmates have always been characterized as having special needs, but the basic necessities (housing and employment) inmates require once they are released from prison are in fact gender neutral. These bodies of research all have suggested that the salience of gender varies in different contexts and is intermixed with other forms of stratification. As such, we would do well to attend to those situations and relational processes that foreground gender and focus our efforts on where gender‐based paradigms are important and can have a real impact.     

Comparative Sociology of Law: Legal Fields, Legal Scholarships, and Social Sciences in Europe and the United States

This article attempts to gain a better understanding of the sociology(ies) of law in a comparative perspective through a structural and comparative explanation of the American and the French legal fields. It is argued that comparative sociology of law will not be able to explain the difference among countries, scholars, movements, and schools of thought in short, it will not be able to compare—as long as it avoids the analysis of some social and cultural presuppositions related to the context in which these differences take place. It focuses mainly on two of these presuppositions. First, legal fields, with their history, their internal structure, and their power relations, and second the type of relation between the legal field and the state. The empirical examination provided in this article explicitly seeks to offer insights for the reconstruction of Bourdieu's structural theory of the legal field.     

社会性别准入与优化法律诊所教师培训模式研究

研究认为社会性别视角是社会性别主流化在法学教育尤其是诊所教育中的重要手段与突破口.通过文献研究与实证调查,发现有关探讨未进入、未成为学术主流.研究认为立足于社会性别视角,对诊所教师培训方法、针对性及可操作模式方面有改进之必要.推进我国法律教育改革与发展,须强化培训教师社会性别意识、法律思想与思维模式,从而建立对诊所教师长期且可复制的培训模式.在充分肯定诊所教育对法学改革推动作用的同时,研究认为应以社会性别视角引导诊所教师培训模式整合.研究力求汲取国外相关成功经验,从社会性别视角入手对诊所教师培训模式作出客观评析.研究在指出我国诊所教师培训模式存在的缺失与不足时,提出将社会性别视角导入诊所教师培训模式设定与整合工程之具体设想.     

The Political Economy of Canadian Legal Education

The political economy of Canadian legal education is characterized by conflicts over resources, values, and interests. These conflicts manifest themselves in divergences between faculty and students over issues of law school governance and politics, in the sometimes incompatible demands placed upon law schools by the legal profession and the university, in the intramural politics of class, race, and gender, and in rivalry among competing bodies of legal knowledge. Most importantly, the New Economy is reshaping legal education because the restructuring of CanadaÕs society, economy, and polity is undermining the position and power of both the universities and the profession.     

A Forked River Runs Through Law School: Toward Understanding Race, Gender, Age, and Related Gaps in Law School Performance and Bar Passage

Analyses of the National Longitudinal Bar Passage Study (N = 27,478), demonstrate that law schools enlarge entering academic differences across race, age, disability, and socioeconomic origins rather than reduce them, and that academic differences in turn impact bar passage. Such differences cannot be reduced to (1) academic preparation, effort, or distractions; (2) instructional or law school-type characteristics; (3) social class; or (4) acceptance of an elitist legal ethos. Rather, results suggest that (1) women, minorities, and other atypical law students confront stigmatization throughout legal education;(2) for women (entering law school in 1991), this stigmatization is new, rejected, and consequently unassociated with law school outcomes; (3) for minorities, this stigmatization is continuous with prior socialization, making resistance difficult and consequent impact sizable; and (4) for other atypical law students, this stigmatization varies with visibility of difference, as do resistance and impact. Implications for social stigma theory and legal education are discussed.     

Attitudes toward victims of rape: effects of gender, race, religion, and social class

Although previous literature focusing on perceptions of victims of rape has examined how gender, race, and culture influence the attitudes one holds toward victims, these studies have yielded mixed results. This study compared perceptions of victims of rape across a wide range of ages, educational backgrounds, religions, and income levels, while focusing on gender and racial differences. Results indicate (N = 220) that victims of rape are generally viewed more sympathetically by females than by males and by Whites than by African Americans. However, the effect of race disappears when socioeconomic variables are controlled, suggesting a more complex relationship. Also, a hierarchical regression indicates that age, sex, education, and income are significant predictors of attitudes toward victims. This study builds on existing research that examines such attitudes from a cultural perspective and extends this literature by examining the interactive effects of several demographic variables within a community sample.     

Social disadvantage, mental illness and predictors of legal involvement

The following study evaluates the complex association between legal involvement and mental illness. It describes a population of consumers of community mental health programs, comparing those with legal involvement to those without legal involvement, on a number of demographic, clinical and social indicators. It is a secondary analysis of data collected in studies making up the Community Mental Health Evaluation Initiative (CMHEI) in the province of Ontario, Canada. Legal involvement was a significant issue among community mental health program consumers; about one in five consumers had at least some contact with the legal system in the preceding nine months. Legally involved consumers were more likely to be in receipt of social assistance and be unstably housed than those legally uninvolved. However, there were no significant differences between legally involved and uninvolved consumers with respect to severity of symptomatology, current medication use or number of hospitalization days in the past 9 months. A predictive model compared the differential impact of clinical and social determinants upon legal involvement. Analyses failed to uncover a significant relationship between severity of psychiatric symptomatology and legal involvement. Significant predictors of legal involvement included gender, race, drug use as well as housing instability, and receipt of social assistance. Legal involvement was attributable to factors other than the severity of mental illness; these results challenge assumptions that the most symptomatically severe consumers are most at risk of legal involvement. Accordingly, the rate of legal involvement in a sample of community mental health program users must be considered in a broad context, with particular emphasis on social disadvantage.     

Starting Out on a Judicial Career: Gender Diversity and the Appointment of Recorders,Circuit Judges,and Deputy High Court Judges, 1996–2016

This article is a quantitative study of those who are appointed Recorders and Circuit Judges, and who are authorized or appointed as Deputy High Court Judges. It considers the period 1996–2016, being the twenty years that straddle either side of the creation of the Judicial Appointments Commission (JAC). A key focus is the gender diversity of these appointments and how this has changed over time, including whether the transfer of appointments to the JAC has made a difference to gender diversity or whether increases in the proportions of female judges are attributable solely to a changing demographic among the pool of lawyers from which such judges tend to be appointed. Who are appointed to these positions is significant both because of the importance of the positions themselves, but also because they comprise the pool from which, as a practical reality, the Senior Judiciary is appointed.     

Predicting future litigiousness

Using a national sample of adults with various legal experiences, the current study examines the impact of prior legal experiences, general attitudes about lawyers and the legal system, and status characteristics on individuals' perceived likelihood of hiring a lawyer for resolving various personal problems in the future. Persons who have been involved in prior legal disputes, who have more positive attitudes about lawyers, and who hold more favorable views about the effectiveness of law in resolving conflict report significantly higher chances of hiring an attorney. Individuals' assessments of their future litigiousness, however, are largely independent of their status characteristics (e.g., gender, income, education, age) and the quality of treatment in their prior legal disputes (e.g., ratings of procedural justice, level of satisfaction with case outcome, and how their lawyer handled the case). The paper concludes by discussing the implications of these findings for improving the quality of legal services and for the future use of law as a method of conflict resolution.     

Legal Mobilization and Analogical Legal Framing: Feminist Litigators’ Use of Race–Gender Analogies

We investigate how cause lawyers articulate their demands in court. We do so by examining feminist legal briefs submitted in US Supreme Court cases from 1970 to the present, specifically focusing on the use of race–gender analogical legal framing. We explore the frequency and trends in the use of such arguments as well as the forms these arguments take, including how race–gender analogies parallel frame bridging and transformation. Additionally, we also investigate why activists choose to deploy race–gender analogies in their legal framing and discern that different political, legal, and social contexts can produce different uses of the race–gender analogy.     

The “age of empire”: again?

Law and ways of thinking about law have historically been integral to processes of colonialisation and extension of empire. Contemporary forms of colonialism in a globalising legal environment may be less obvious, more nuances or even subconscious. However, the emergence of higher education as a trade commodity, the shift to fee-paying students as consumers and the market competition for international students among universities raise questions about the export and import of various forms of legal education, especially in the context of plural and mixed legal systems, debates about legal transplants, and concerns about legal imperialism. This article examines these issues and considers the place of comparative legal education in the contemporary environment facing university law schools.     

Domestic violence during pregnancy in an eastern city of Turkey: a field study

Violence is an increasing and important community health problem that can be seen in any area of human life. Limited studies were found about domestic violence among pregnant women and its relation with social status of women. The aim of this study was to determine the prevalence and types of domestic violence during pregnancy, factors affecting it, women's thoughts about violence, and relation between social status of women and domestic violence. This cross-sectional study was conducted on 253 pregnant women, using cluster and simple random sampling methods. Chi-square test and logistic regression analysis methods were used to analyze the data. Women who indicated that they have been exposed to violence at some point of their lives were 24.1% and who indicated that violence continued while they were pregnant were 11.1%. Physical violence was the most common type of violence reported (18.2%). It was found that women who had primary school or lower level of education and who made unwanted marriage suffered from more violence during pregnancy. It can be said that violence against pregnant women is still a social problem. In societies where gender roles are dominant, decision makers have to take necessary steps such as supporting education of girls to improve social status of women, increasing awareness among women in regard to personal rights and legal regulations which will contribute to the solution of the issue.     

"诊所式法律教育"本土化的思考

起源于美国的"诊所式法律教育"要本土化并得以在我国普遍施行,目前尚存在很多障碍,如法学教育界思想观念 上轻视实践技能的培养、诊所的经费涉及对大学有限的教育资源的重新配置、诊所指导教师的素质等等。解决障 碍,因地制宜,建立各具特色的法律诊所才能使这一教育方法在我国生长。     

The intersection of defendants' race, gender, and age in prosecutorial decision making

A growing body of research examined the ways in which various legal and extralegal factors influence prosecutors' charging decisions. Though the results of these studies were mixed, some researchers reported that extralegal factors had little or no effect on important decisions such as case rejection and dismissal. The majority of this research, however, suffered from a considerable shortcoming—that is, most studies considered the direct effects of measures such as age, race, and gender, but failed to consider the potential interactions that might occur between these factors. Consequently, the present research employed a nationally representative sample of felony drug defendants to address this issue by examining whether or not age and gender condition the effect of race on prosecutors' decisions to dismiss criminal charges. Implications of the findings are discussed in the context of theory, research, and policy.     

Gazing into the Future through a VDU: Communications, Information Technology, and Law Teaching

The article deals with the interaction of computers, informationtechnology, and legal education. It considers the technical achievementsof communications and information technology (C&IT) in the practiceand teaching of law, then the jurisprudential paradigms which underliethese issues. To the extent to which law is conceived as a form ofinformation, existing assumptions about the theory, practice, andteaching of law are challenged. Where, on the other hand, law is regardedas a collection of rules, reversal to formalism, driven by C&IT, isidentified as a concern for socio-legal scholars. Other concerns addressedby this article include the exclusive economics of the C&IT revolution,the power dynamics of technophobia, and the interaction of computersand gender. The article concludes with suggestions for alternative visonsof the future of C&IT and legal education.